7th Circuit Allows Enbridge Line 5 to Keep Operating Despite Tribal Land Suit

The Seventh Circuit affirmed Line 5 operation, rejecting tribal land trespass claims.

The U.S. Court of Appeals for the Seventh Circuit recently upheld Enbridge's continued operation of the Line 5 pipeline across the Bad River Reservation in Wisconsin, rejecting tribal claims that Enbridge unlawfully trespassed on their land. The case originated from a 2019 lawsuit by the Bad River Band of Lake Superior Chippewa, which alleged Enbridge lacks a valid easement for operating approximately 12 miles of the pipeline within the reservation.

Line 5 is a crucial infrastructure asset transporting up to 23 million gallons per day of oil and natural gas liquids between the U.S. and Canada. In June 2023, U.S. District Judge William Conley ruled that Enbridge was trespassing and ordered the pipeline to shut down or be rerouted by June 2026, setting a compliance deadline that catalyzed this appeal.

Enbridge proposed a 41-mile reroute designed to bypass tribal lands. This plan would affect roughly 200 waterways and 100 acres of wetlands in Wisconsin’s Ashland and Iron Counties. Wisconsin state regulators have approved permits for this reroute, yet a Wisconsin judge recently issued a partial freeze on construction at four sensitive water crossings, signaling ongoing environmental and legal challenges.

The Department of Justice intervened through a statement of interest supporting a stay of Judge Conley’s shutdown order. The DOJ emphasized the risks of energy instability and increased costs if the pipeline halted, reflecting federal interest in maintaining energy security.

Tribal voices remain steadfast. Bad River Band Chairwoman Elizabeth Arbuckle highlighted the threat to their environment and culture, stating, "The Bad River watershed is not an oil pipeline corridor that exists to serve Enbridge’s profits. It is our homeland."

Michigan complements these developments with permits for the Great Lakes Tunnel project, which is intended to replace the aging 73-year-old pipeline beneath the Straits of Mackinac.

This litigation illuminates the multifaceted balance between tribal sovereignty, environmental stewardship, and energy infrastructure demands. In-house counsel and legal operations professionals involved in energy or tribal land matters should monitor the evolving judicial and regulatory landscape, especially as the 2026 reroute deadline looms.

Yes, but: While the Seventh Circuit allowed operations to continue pending appeal, the June 2026 reroute or shutdown deadline remains, and partial construction freezes indicate ongoing regulatory hurdles.

What's next: Watch for future rulings on the merits of the trespass claims, developments in regulatory approvals for the reroute, and potential impacts of the Great Lakes Tunnel project.